Westchester County Third Offense DWI Lawyer
A third conviction for DWI, whether it involves alcohol, drugs, or a combination of the two is a mid-level felony where a conviction requires someone to serve at least ten days in jail. Judges in these scenarios also have the ability to permanently revoke that person’s driver’s license.
A Westchester County third offense DWI lawyer could help you if you are facing these serious charges. A detail-oriented DWI attorney can work to help defeat the prosecutor’s main case alleging driving while under the influence as well as to examine the prosecutor’s ability to charge the incident as a repeat offense.
When may a Prosecutor Bring a DWI Charge as a Third Offense?
The State goes to great lengths to discourage and punish driving under the influence. One of the ways that it does this is to offer enhanced penalties to people convicted of multiple DWI charges.
However, simply having two previous DWI charges on one’s record does not automatically mean that a conviction will be a third offense. Under New York Vehicle and Traffic Code §1193(c), courts can consider a DWI offense as a subsequent offense only if the prior charges resulted in a conviction within the past ten years. As a result, a charge may not constitute a third offense if one or more of the past convictions occurred more than ten years ago.
It is also worth noting that prosecutors will examine a driver’s criminal record in other states as well. This is because the law allows courts to count DWI convictions in other jurisdictions. A Westchester County third offense DWI lawyer could help individuals to understand the charges they are facing.
Penalties in Westchester County
It is essential that any person facing a third DWI charge take aggressive steps to protect themselves. Unlike a first offense DWI, a third charge is not a misdemeanor level offense. Under New York Vehicle and Traffic Code §1193(c), a third DWI conviction within ten years is a Class D felony.
As a result, a court can sentence someone to as many as seven years in prison. However, courts must sentence someone to a mandatory minimum jail sentence of ten days. In addition to the potential jail time, courts can levy fines of up to $2,000, and administrative fees can also be as much as a few hundred dollars.
Finally, the court will generally suspend a person’s license for at least 18 months upon conviction. However, judges do have the discretion to permanently revoke a license depending on the driver’s record and other aggravating circumstances such as property damage or personal injury. A Westchester County third offense DWI lawyer could help evaluate the potential penalties and fight for a positive outcome.
A Westchester County Third Offense DWI Lawyer Could Help
A Westchester County third offense DWI attorney may be able to help you. They can make sure that you understand the penalties and can analyze the State’s case for any weaknesses. They can then present a defense in court designed to protect your freedom and driving privileges. Call today for a consultation to learn more.